A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, no one may borrow or lend a means of access by receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 11, 2018, the Defendant received a proposal from a person who was not the name of the Defendant to the effect that “The Defendant borrowed a physical card to be used for the purpose of tax reduction and exemption to the employees of a liquor company, 2.4 million won for 3 days,” and consented to it. On December 5, 2018, the Defendant sent a copy of the physical card connected to the D Bank account (Account Number: E) in the name of the Defendant using the phone from C located in the name of the Si, Yongcheon-si, and around December 5, 2018.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The document and written statement of the F;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant’s lending account was used in the phishing crime, thereby causing damage.

The favorable circumstances: The defendant confessions and reflects the crime of this case; the defendant is the first offender; the above circumstances include the defendant's age, character and conduct, occupation, family relationship, environment, motive and means of the crime of this case, circumstances after the crime of this case, and various conditions of sentencing as ordered.